Can I Sue?

I live in the state of Nevada. On August 2, 2005 I arrived at work at 6:30am and stepped into a hole that was jack hammered out inside of a home the company I work for was remodeling. The hole was jackhammered out to find a supply line to the water to add a shower to the 1/2 bath. The hole was approx. 3 ft. deep and dug at an angle. The hold was left uncovered. When I stepped into the hole, my left ankle broke and I have been on workmans comp. ever since. I receive 2/3rds of my gross pay. I cannot survive on this and I was wondering if I can sue the company or workmans comp insurance company for additional funds for pain and suffering. My foot suffered a break on the outside of my ankle as well as SEVERE BRUISING AND SWELLING. Any help that you can provide me will be MUCH APPRECIATED. Thank you for your time and advice.

Jim Guedry in Las Vegas, NV.
[email protected]

I cannot survive on this and I was wondering if I can sue the company or workmans comp insurance company for additional funds for pain and suffering. No. (a) You are receiving whatever disability income benefits from the WC insurance carrier that are mandated by your State. (b) You cannot sue your employer in a worker's compensation situation. (c) State WC laws do not allow for recovery for pain and suffering. That is simply not a recognized issue in worker's compensation.

If someone other than your employer was responsible for the hole (such as a contractor), you may be able to sue them for third-party negligence but you cannot sue your employer.